인터넷상 표현의 자유

• 영문명: Freedom of Expression on Internet : The Center of Our country telecommunication organic law and Communications Decency Act of the United States of 1996 (CDA)
• 발행기관: 충북대학교 법학연구소
• 저자명: 송석록(Song, Seok-Rok)
• 간행물 정보: 『법학연구』第20卷 第1號 (2009), 241~268쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

Recently, About freedom of expression on internet verdict of 'not guilty' Minerva pushes sent the shock wavelength which does not write socially and politically in our society. His economic predictive power pushes flowing, the ability which reads is peculiar. According to like this ability the activity of freedom of expression his internet did to make the limit think which is freedom of expression in interest inside of the citizens and the Internet controversialists. From the goal which harms a telecommunication organic law 47th of 1 clause mourning common good with the provision which the prosecution restricts from limit of freedom of expression internet extremely abstractive and the clarity with from the criminal punishing provision is indistinct about scope of common good and is violated in principle of crime criminal law settlement. Also the constitution leads and with grade after 12th of 1 clause, 13th of 1 clause leaflet etc, clarifies a crime criminal law settlement questionable matter principle. Consequently, Clearly at the degree of the lawgiver will be able to predict what kind of act should have become the object of punishment, must decide the composition important matter of crime from law. Only, to fractionate the composition important matter of punishing law in full and legislation technique as a matter of is impossible all to demand the important matter of clarity in case, remarkably there is cotton which is difficult. Say like that, The legislation technical coat in compliance with the difficult characteristic which is remarkable is a indefiniteness legislates and is but is a thing. With being a crime criminal law settlement questionable matter principle, the act which harms a telecommunication organic law 47th of 1 clause protest `common good' opposes in principle of the equality which is guaranteeing from constitution to principle of principle and excess prohibition of proportion and the judgment margin of the unconstitutionality which infringes the activity of freedom of expression that is a possibility of seeing. Consequently, Unconstitutional legal judgment recommending of the eastern provision is a reason. After direction, the public prosecutors office and the court of justice in order for Minerva pushes and the activity of freedom of expression not to be atrophied about the fact which is similar, are to have the necessity. And when freedom of amendment to the constitution at the time of expression considering the position of the mental freedom circle which is the eastern contents could be included in order, the research of relation academic society etc will be necessary.

목차

Ⅰ. 머리말

Ⅱ. 표현의 자유

Ⅲ. 미국의 CDA(통신품위법)의 위헌 판결과 표현의 자유 보장

Ⅳ. 전기통신기본법(제47조제1항)의 문제

Ⅴ. 맺는 말

참고문헌

Abstract

키워드

표현의 자유 인터넷 불명확성 위헌법률심판 죄형법정주의 정신적 자유권 Freedom of expression Internet Indefiniteness Unconstitutional legal judgment Crime criminal law settlement Mental freedom circle